BILL ANALYSIS
SENATE BUDGET AND BILL NO.: AB
818
FISCAL REVIEW COMMITTEE AUTHOR:
Vasconcellos
Alfred E. Alquist, Chair VERSION:
As Amended:
9/7/95
Consultant:
FH
HEARING DATE: September 11, 1995 FISCAL:
YES
SUBJECT: Local Agencies
SUMMARY: This bill, the 1995 Mandate Claims Bill,
appropriates $11,359,000 from the General Fund to the State
Controller to reimburse local agencies and school districts for
the cost of specified state-mandated programs. This urgency
measure also authorizes the Director of Finance to transfer such
funds between any item in a Budget Act, makes a technical
correction to the 1994 Mandate Claims bill, and makes
inoperative the missing persons report mandate after July 1,
1995.
BACKGROUND: Article XIIIB, Section 6 of the California
Constitution requires the state to provide a subvention of funds
to reimburse local governments and school districts for
increased costs resulting from a new program or higher level of
service mandated by the state, with certain exceptions.
If legislation creating a mandate does not contain an
appropriation, a city, county, special district, or school
district may file a otest claimo with the Commission on State
Mandates. The Commission consists of 5 members, including one
public member appointed by the Governor and one representative
from each of the following state agencies: the Department of
Finance, the Office of Planning and Research, the Controlleros
Office and the Treasureros Office. If the Commission determines
that a reimbursable mandate exists, the Commission requests
funding for the estimated statewide reimbursable costs for all
affected and eligible local entities due to the mandate in the
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annual Mandates Claims Bill. Any future costs of approved
mandates are funded through the annual Budget Act. If any local
agency or school district believes it is entitled to
reimbursement for a funded mandate, it may file a claim with the
State Controller for its share of the appropriated funds.
PROPOSED LAW:
Decentralization of Mandates in the Governoros Budget (Section
1). This urgency measure amends Government Code Section 17613
to allow the Director of Finance to shift funds from
appropriations with surplus balances to those with shortfalls
within appropriations for non-Proposition 98 mandates and within
appropriations for Proposition 98 mandates. This change clears
up technical problems created by the odecentralizingo of claims
beginning in the 1995 Budget Act from a single line item to
several local assistance items in various State departments most
directly involved with, or affected by, the mandated local
program.
Repeal of the Missing Persons Reports Mandate (Sections 2 & 3).
This bill specifies that the mandate requiring local governments
to file a report on missing persons with the state not be
operative after July 1, 1995, unless the governing body of the
local agency adopts a resolution to make it operative. Ch.
59/93 repealed this mandate in part, which had been suspended
since 1990-91.
Technical Amendment to 1994 Claims Bill (Section 4). A
technical amendment to Ch. 241/93 is proposed by adding to
Section 1, Subdivision (c) the words oparagraph (1)o . This
change is necessary to reflect the correct appropriations for
mandates funded under Proposition 98 and those that are not
funded under Proposition 98.
Funding in Mandate Claims Bill (Section 5). This statute
provides $11,359,000 from the General Fund to reimburse the
estimated statewide costs through June 30, 1996 for the
following 8 mandates approved by the Commission on State
Mandates. These funds have been set-aside in the 1995 Budget
Act totals.
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|1. Law Enforcement, Inmate AIDS Testing (Dept of |$5,599,00|
|Health Services) | 0|
|SB 1913 (Presley), Ch. 1579/88 | |
|SB 223 (Presley), Ch. 768/91 | |
|Requires cities and counties to test their law | |
|enforcement personnel, inmates of correctional | |
|institutions, persons under arrest or taken into | |
|custody and parolees and probationers for the | |
|antibodies for Human Immunodeficiency Virus. For the | |
|period from September 30, 1988 to June 30, 1994. The | |
|provisions of Ch. 768/91 became inoperative July 1, | |
|1994, therefore no funds beyond this amount are | |
|required. | |
|--------------------------------------------------------+---------|
|2. Stolen Vehicle Notification (Dept of Justice) |$1,215,00|
|AB 2717 (Pringle), Ch. 337/90 | 0|
|Requires local law enforcement agencies which recover a | |
|stolen vehicle to notify the owner of that recovery, as | |
|well as the vehicleos location and condition. For the | |
|period from January 1, 1991 through June 30, 1996. | |
|--------------------------------------------------------+---------|
|3. Pacific Beach Safety: Water Quality and Closures | $215,000|
|(Dept of Health Services) | |
|SB 1865 (Hart), Ch. 961/92 | |
|Requires local agencies to post signs at beaches closed | |
|because of public health threats and to report annually | |
|on all such closures. For the period January 1, 1993 | |
|through June 30, 1996. | |
|--------------------------------------------------------+---------|
|4. Rape Victims Counseling Center Notice (Office of | $191,000|
|Criminal Justice Planning) | |
|SB 835 (McCorquodale), Ch. 999/91 | |
|For the period from January 1, 1992 through June 30, | |
|1996. | |
|SB 1960 (McCorquodale), Ch. 224/92 | |
|For the period from January 1, 1993 through June 30, | |
|1996. | |
|Requires local law enforcement agencies to furnish rape | |
|victims with specified information, obtain their | |
|consent to be referred to a counseling center and | |
|verify whether the center is subsequently notified of | |
|the referral. | |
|--------------------------------------------------------+---------|
|5. Misdemeanors: Booking and Fingerprinting (Dept of | $551,000|
|Justice) | |
|AB 3156 (Cannella), Ch. 1105/92 | |
|Requires local agencies to notify arrestees who are | |
|booked or fingerprinted with a specified verification | |
|of that booking or fingerprinting. For the period from | |
|January 1, 1993 through June 30, 1996. | |
|--------------------------------------------------------+---------|
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|6. Domestic Violence Treatment Program Approvals |$1,435,00|
|(Office of Criminal Justice Planning) | 0|
|SB 1845 (Presley), Ch. 221/93 | |
|Requires probation departments to approve and annually | |
|renew permits for centers which provide treatment to | |
|persons found guilty of domestic violence activities. | |
|For the period from January 1, 1994 through June 30, | |
|1996. | |
|--------------------------------------------------------+---------|
|7. School Bus Safety (Dept of Education) | $440,000|
|AB 3144 (Horcher), Ch. 624/92 | |
|Requires schools to give pupils safety instruction | |
|prior to school activity trips and to provide school | |
|bus drivers with hand held oSTOPo signs. For the | |
|period from September 14, 1992 through June 30, 1996. | |
|--------------------------------------------------------+---------|
|8. Charter Schools (Dept of Education) |$1,713,00|
|SB 1448 (Hart), Ch. 781/92 | 0|
|Requires school districts and county offices of | |
|education to deal with petitions to establish charter | |
|schools. For the period from January 1, 1993 through | |
|June 30, 1996. | |
|--------------------------------------------------------+---------|
| Total |$11,359,0|
| | 00|
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FISCAL EFFECT: Appropriates $11,359,000 from the General
Fund to the State Controller to pay claims for reimbursement of
state-mandated local costs. These funds were set aside in the
1995 Budget Act totals, and includes $2,153,000 Proposition 98
related (mandates #7&8 above) and $9,206,000 non-Proposition 98
related (mandates #1-6 above) costs.
SUPPORT: League of California Cities
NEUTRAL: Department of Finance
OPPOSED: None received
COMMENTS:
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1. More Approved Mandates. This measure does not include
appropriations for the estimated statewide reimbursable costs of
claims for 3 mandates approved by the Commission on State
Mandates totaling $16,827,000 from the General Fund. These
mandates are for Perinatal Services ($10,558,000), Pupil Health
Screening ($6,119,000) and for SIDS Contacts by Local Health
Officers ($150,000). These funds were not included in the 1995
Budget Act totals. It is reported by the Department of Finance
that these 3 claims will be amended into SB 1329 or a similar
vehicle which will then become a two-year bill. In so doing,
the cost of these 3 claims will presumably carry over to be paid
in the next fiscal year.
2. Outstanding Costs for Missing Persons Reports Mandate. The
League of California Cities requests a $12 million General Fund
augmentation to this bill to pay the costs of the Missing
Persons Reports mandate for the 1993-94 and 1994-95 fiscal years
which were not included in the Budget Acts for either of those
years. This mandate requires local agencies to prepare a
written report on every missing persons case that is reported.
The administration believes the estimated costs outstanding for
this mandate will be less than the amount requested by the
League, and that this claim needs to be resubmitted to the
Commission on State Mandates for review and possible approval
for funding next year.
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