SECTIONS 2240-2246.2 - California Statutes

REVENUE AND TAXATION CODE

SECTION 2240-2246.2

2240. Revenues to reimburse local agencies and school districts
pursuant to the provisions of Section 2229 or 2230 shall be
determined and appropriated as provided in this article.

2241. When a bill is introduced in the Legislature, and each time a
bill is amended, the Legislative Counsel shall determine whether the
bill requires state reimbursement to local agencies or school
districts pursuant to Section 2229 or 2230. 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.
In making any determination required by this section the
Legislative Counsel shall disregard any provision in a bill which
would make inoperative the reimbursement requirements of Section 2229
or 2230, and shall make his or her determination irrespective of any
provision to that effect.

2242. Whenever the Legislative Counsel determines that a bill will
require state reimbursement to a local agency or a school district as
provided in Section 2229 or 2230, the Department of Finance shall
prepare estimates of the amount of reimbursement which will be
required. The estimates 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 such a bill by any such committee.

2243. The estimate required by Section 2242 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,
pursuant to Section 2229 or 2230, for lost revenue mandated by the
bill. In the event that the operative date of such a bill does not
begin on July 1, the estimate shall also include the amount estimated
to be required for reimbursement for the next following full fiscal
year.

2244. 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 require reimbursement pursuant to
Section 2229 or 2230, the Legislative Counsel shall immediately
inform, respectively, the Speaker of the Assembly and the President
of the Senate of this fact. The notification from the Legislative
Counsel shall be published in the journal of the respective houses of
the Legislature.

2246.2. The Director of Finance shall include in the Governor's
Budget an appropriation for statutes identified pursuant to Section
2246 which increase the penalty for a crime or infraction if the
director determines that the statutes would increase the total
detention and probation costs to local agencies by more than 1
percent of the actual statewide detention and probation costs
incurred in the preceding fiscal year, as compiled by the Controller
pursuant to Section 12463 of the Government Code. The director shall
rely on written requests from affected local agencies, supported by
fiscal data. Any funds so appropriated shall be used to reimburse
only one-half of the costs incurred by local agencies in excess of
the amounts determined to be 1 percent of the actual detention and
probation costs to local agencies in the preceding fiscal year. Funds
shall be appropriated to the Controller for allocation and
disbursement to local agencies.