State mandated local program

B Declarations identifying all local, state, or federal funds, or fee authority that may be used to offset the increased costs that will be incurred by the claimant to implement the alleged mandate, including direct and indirect costs. C Declarations describing new activities performed to implement specified provisions of the new statute or executive order alleged to impose a reimbursable state-mandated program.

Specific references shall be made to chapters, articles, sections, or page numbers alleged to impose a reimbursable state-mandated program. D If applicable, declarations describing the period of reimbursement and payments received for full reimbursement of costs for a legislatively determined mandate pursuant to Section , and the authority to file a test claim pursuant to paragraph 1 of subdivision c of Section B State mandate determinations made by the Commission on State Mandates or a predecessor agency and published court decisions on state mandate determinations made by the Commission on State Mandates are exempt from this requirement.

If the commission determines that an incorrect reduction claim is not complete, the commission shall notify the local agency and school district that filed the claim stating the reasons that the claim is not complete.

The local agency or school district shall have 30 days to complete the claim. The commission shall serve a copy of the complete incorrect reduction claim on the Controller. The Controller shall have no more than 90 days after the date the claim is delivered or mailed to file any rebuttal to an incorrect reduction claim. The failure of the Controller to file a rebuttal to an incorrect reduction claim shall not serve to delay the consideration of the claim by the commission.

In so doing it shall adopt parameters and guidelines for reimbursement of any claims relating to the statute or executive order. The successful test claimants shall submit proposed parameters and guidelines within 30 days of adoption of a statement of decision on a test claim.

At the request of a successful test claimant, the commission may provide for one or more extensions of this day period at any time prior to its adoption of the parameters and guidelines. If proposed parameters and guidelines are not submitted within the day period and the commission has not granted an extension, then the commission shall notify the test claimant that the amount of reimbursement the test claimant is entitled to for the first 12 months of incurred costs will be reduced by 20 percent, unless the test claimant can demonstrate to the commission why an extension of the day period is justified.

However, the commission may not specify in the parameters and guidelines any fiscal year for which payment could be provided in the annual Budget Act. The commission may, after public notice and hearing, amend, modify, or supplement the parameters and guidelines. A parameters and guidelines amendment submitted within 90 days of the claiming deadline for initial claims, as specified in the claiming instructions pursuant to Section , shall apply to all years eligible for reimbursement as defined in the original parameters and guidelines.

A parameters and guidelines amendment filed more than 90 days after the claiming deadline for initial claims, as specified in the claiming instructions pursuant to Section , and on or before the claiming deadline following a fiscal year, shall establish reimbursement eligibility for that fiscal year. All claims relating to a statute or executive order that are filed after the determination of the test claim pursuant to Section shall be transferred to the Controller who shall pay and audit the claims from funds made available for that purpose.

In preparing claiming instructions, the Controller may request the assistance of other state agencies. The claiming instructions shall be derived from the statute or executive order creating the mandate and the parameters and guidelines adopted by the commission. In preparing revised claiming instructions, the Controller may request the assistance of other state agencies. However, if no funds are appropriated or no payment is made to a claimant for the program for the fiscal year for which the claim is filed, the time for the Controller to initiate an audit shall commence to run from the date of initial payment of the claim.

The audit or review shall be commenced within two years after the date that the actual reimbursement claim is filed or last amended. A local agency shall have 60 days to respond to a request for data by the Controller. The notification shall specify the claim components adjusted, the amounts adjusted, interest charges on claims adjusted to reduce the overall reimbursement to the local agency or school district, and the reason for the adjustment.

Remittance advices and other notices of payment action shall not constitute notice of adjustment from an audit or review. Reimbursement for state-mandated costs may be claimed as follows: a A local agency or school district may file do as prescribed in paragraph 1 or 2 : 1 A File an estimated reimbursement claim by January 15 of the fiscal year in which costs are to be incurred, and, by January 15 following that fiscal year incurred.

B If a local agency or school district files an estimated reimbursement claim, the local agency or school district shall file an annual reimbursement claim that details the costs actually incurred for that fiscal year; or it may comply year by January 15 following that fiscal year. As a result of the constitution and the statutes in the Government Code, a California bill is identified as mandating or not mandating a local program.

If a mandated local program is going to be required, then the Legislature helps determine whether or not a local agency will be reimbursed for costs by the state. The constitution requires the state to reimburse local agencies and school districts for certain costs that are mandated by the state.

However, Section 6 of Article XIII B , added to the California Constitution by Proposition 4 in , which is the constitutional provisions requiring the state to reimburse local agencies and school districts for mandated local programs includes one important caveat. The Section uses the term may instead of shall. Author Recent Posts. Chris Micheli. Latest posts by Chris Micheli see all. Spread the news:. Urgency Clause Statutes in California Legislation.

November 27, California Legislation and the Single Subject Rule. October 16,