SECTIONS 17612-17613 - California Statutes

GOVERNMENT CODE

SECTION 17612-17613

17612. (a) Upon receipt of the report submitted by the commission
pursuant to Section 17600, funding shall be provided in the
subsequent Budget Act for costs incurred in prior years. No funding
shall be provided for years in which a mandate is suspended.
(b) The Legislature may amend, modify, or supplement the
parameters and guidelines, reasonable reimbursement methodology, and
adopted statewide estimate of costs for the initial claiming period
and budget year for mandates contained in the annual Budget Act. If
the Legislature amends, modifies, or supplements the parameters and
guidelines, reasonable reimbursement methodology, and adopted
statewide estimate of costs for the initial claiming period and
budget year, it shall make a declaration in separate legislation
specifying the basis for the amendment, modification, or supplement.
(c) If the Legislature deletes from the annual Budget Act funding
for a mandate, the local agency or school district may file in the
Superior Court of the County of Sacramento an action in declaratory
relief to declare the mandate unenforceable and enjoin its
enforcement for that fiscal year.

17613. (a) The Director of Finance may, upon receipt of any report
submitted pursuant to Section 17567, authorize the augmentation of
the amount available for expenditure to reimburse costs mandated by
the state, as defined in Section 17514, as follows:
(1) For augmentation of (A) any schedule in any item to reimburse
costs mandated by the state in any budget act, or (B) the amount
appropriated in a local government claims bill for reimbursement of
the claims of local agencies, as defined by Section 17518, from the
unencumbered balance of any other item to reimburse costs mandated by
the state in that budget act or another budget act or in an
appropriation for reimbursement of the claims of local agencies in
another local government claims bill.
(2) For augmentation of (A) any schedule in any budget act item,
or (B) any amount appropriated in a local government claims bill,
when either of these augmentations is for reimbursement of mandated
claims of school districts, as defined in Section 17519, when the
source of this augmentation is (A) the unencumbered balance of any
other scheduled amount in that budget act or another budget act, or
(B) an appropriation in another local government claims bill, when
either of these appropriations is for reimbursement of mandate claims
of school districts. This paragraph applies only to appropriations
that are made for the purpose of meeting the minimum funding
guarantee for educational programs pursuant to Section 8 of Article
XVI of the California Constitution.
(b) No authorization for an augmentation pursuant to this section
may be made sooner than 30 days after the notification in writing of
the necessity therefor to the chairperson of the committee in each
house which considers appropriations and the chairperson of the Joint
Legislative Budget Committee, or not sooner than whatever lesser
time as the chairperson of the joint committee, or his or her
designee, may in each instance determine.