ACA 27 — A resolution to propose to the people of the State of California an amendment to the Constitution of the State, by amending Section 6 of, and adding Section 6.5 to, Article XIIIB thereof, relating to state finances.
Last action — Died at Desk.
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1Introduced
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2In Committee
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3Passed Assembly
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 2009-2010 Regular Session. It reached “Introduced” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
Under the California Constitution, whenever the Legislature or a state agency mandates a new program or higher level of service on any local government, the state is required to provide a subvention of funds to reimburse the local government. With regard to a mandate imposed on a city, county, city and county, or special district, the Legislature is required either to appropriate, in the annual Budget Act, the full payable amount of the mandate, determined as specified, or to suspend the operation of the mandate for the fiscal year. The California Constitution provides that the Legislature is not required to appropriate funds for certain specified mandates. This measure would apply the existing requirement that the Legislature either appropriate the full payable amount of a mandate or suspend the mandate only through the 2010–11 fiscal year. The measure would instead prohibit the Legislature or a state agency from mandating a new program or higher level of service on any local government, except as specified, unless the local government is paid for the costs of that new program or higher level of service. The measure would require, on or after July 1, 2010, that if the Legislature adopts a statute that mandates a new program or higher level of service on any local government, the mandate would not become operative until the operative date of an appropriation, for that purpose, of funds to pay all affected local governments for the costs of the new program or higher level of service for the remainder of the fiscal year in which the mandate becomes operative. The measure would impose parallel requirements with regard to a regulation mandating a new program or higher level of service. On and after July 1, 2011, for a mandate that became operative in a prior fiscal year, the measure would render the mandate inoperative if the Legislature fails to fund the mandate in the current fiscal year. The measure would add, as an additional exemption from the mandates for which the Legislature is required to appropriate funds, a mandate for which the governing body of the local government has express statutory authority to impose a fee, assessment, or other charge that pays for the costs of the program or increased level of service and that is paid to the local government by the person or entity that is subject to, is regulated by, or otherwise benefits from, the new program or higher level of service. The measure would allow a local government to file an action in superior court if the Legislature or a state agency mandates a new program or higher level of service and the amount of the funds appropriated to the local government for that new program or higher level of service does not meet the costs of that new program or higher level of service. The measure would require the superior court to include, within an order upholding a challenge brought by the local government, an order setting the amount the court determines is reasonably necessary to pay the local government for the costs of the new program or higher level of service.
Bill Text
What changed in the latest version
1 added · 1 removed1 line(s) added, 1 removed.
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- Introduced 09/11/09 - Introduced Current pdf September 11, 2009
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Action History
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Died at Desk.
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From printer. May be heard in committee October 14.
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Read first time. To print.
Sponsors
- Logue · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 121 not signed on
Sponsors (1)
- Logue
Co-sponsors (0)
None.
Not signed on (121)
121 members have not signed on to this bill.
Show all 121 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- What does ACA 27 do?
- Under the California Constitution, whenever the Legislature or a state agency mandates a new program or higher level of service on any local government, the state is required to provide a subvention of funds to reimburse the local government. With regard to a mandate imposed on a city, county, city and county, or special district, the Legislature is required either to appropriate, in the annual Budget Act, the full payable amount of the mandate, determined as specified, or to suspend the operation of the mandate for the fiscal year. The California Constitution provides that the Legislature is not required to appropriate funds for certain specified mandates. This measure would apply the existing requirement that the Legislature either appropriate the full payable amount of a mandate or suspend the mandate only through the 2010–11 fiscal year. The measure would instead prohibit the Legislature or a state agency from mandating a new program or higher level of service on any local government, except as specified, unless the local government is paid for the costs of that new program or higher level of service. The measure would require, on or after July 1, 2010, that if the Legislature adopts a statute that mandates a new program or higher level of service on any local government, the mandate would not become operative until the operative date of an appropriation, for that purpose, of funds to pay all affected local governments for the costs of the new program or higher level of service for the remainder of the fiscal year in which the mandate becomes operative. The measure would impose parallel requirements with regard to a regulation mandating a new program or higher level of service. On and after July 1, 2011, for a mandate that became operative in a prior fiscal year, the measure would render the mandate inoperative if the Legislature fails to fund the mandate in the current fiscal year. The measure would add, as an additional exemption from the mandates for which the Legislature is required to appropriate funds, a mandate for which the governing body of the local government has express statutory authority to impose a fee, assessment, or other charge that pays for the costs of the program or increased level of service and that is paid to the local government by the person or entity that is subject to, is regulated by, or otherwise benefits from, the new program or higher level of service. The measure would allow a local government to file an action in superior court if the Legislature or a state agency mandates a new program or higher level of service and the amount of the funds appropriated to the local government for that new program or higher level of service does not meet the costs of that new program or higher level of service. The measure would require the superior court to include, within an order upholding a challenge brought by the local government, an order setting the amount the court determines is reasonably necessary to pay the local government for the costs of the new program or higher level of service.
- Who sponsors ACA 27?
- ACA 27 is sponsored by Logue.
- What is the current status of ACA 27?
- This bill died with 2009-2010 Regular Session. It reached “Introduced” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track ACA 27?
- Track ACA 27 free on One Click Politics — get push/email alerts when it moves.
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